Should I Ask My Fiancée to Sign a Prenuptial Agreement?

A prenuptial agreement can be difficult to bring up in conversation with your significant other, especially if you are in the midst of planning a wedding. Will your fiancée take it in stride, having confidence that your love for each other will never end, or will asking for a prenup put a stop to the wedding plans altogether?

Some people think if you need a prenup, you must not have much faith in the relationship. The truth is, your significant other should be in a better position than anyone else to understand your history, life circumstances and tolerance for risk. If he or she knows you well enough, the fact that you are considering a prenuptial agreement should come as no surprise.

Do we really need a prenup?

Nonetheless, given the potential negative fallout of asking your mate to sign a premarital agreement, consider first whether you really need one to begin with. If you both have few assets and don't anticipate a large inheritance or other windfall, you may not benefit from a prenuptial agreement. People commonly use prenups to protect assets owned prior to the marriage, including business assets, inheritances, real estate and personal property. In the event of a divorce, your premarital agreement can govern who gets what, including:

• Wages
• Division of assets
• Division of debt
• Continuation as beneficiary of trusts and inheritances
• Spousal support or alimony

If life experiences have left you particularly risk-averse, a prenuptial agreement can give you the confidence to enter into a marriage you might not have considered otherwise. In a best-case scenario, you won't need your prenuptial agreement at all, but you'll have the peace of mind of knowing it's there if you do need it.

Talk to an experienced attorney to learn more

If you have other specific concerns or reservations about entering into marriage without a premarital agreement, an experienced family law attorney at Peterson Law Group can tell you whether your concerns can be legally addressed in a prenup. We also prepare marital agreements, using our significant experience in family law, estate planning, and business law cases to help you minimize risk. Schedule a consultation by calling us today at 979-703-7014.